TOWARDS A FEDERATED POLICE SYSTEM IN SOMALIA

Good practices and lessons learned from the development and implementation of Somalia’s “New Policing Model” A state building example

TABLE OF CONTENTS

Table of Contents 3

Abbreviations and Acronyms 4

Prefaces 5

Executive Summary 10

1. Context 12

2. The New Policing Model in Somalia 17

3. Good Practices and Lessons Learned 28

4. Conclusions and Recommendations 32

Annex A: New Policing Model Agreement 34

Annex B: London Security Pact (Excerpt) 40

Annex C: Coordination Charts 41 4 Towards a Federated Police System in Somalia

Abbreviations and Acronyms

AMISOM African Union Mission in Somalia AU African Union CID Criminal Investigation Department CMIS Conference of Ministers of Internal Security CoPC Council of Police Commissioners DSA Daily Subsistence Allowance EU European Union EUPM European Union Police Mission FBI Federal Bureau of Investigations FGS Federal Government of Somalia FMS Federal Member State JTC Joint Technical Committee NLF National Leadership Forum NLSP Non-lethal Support Package NPM The New Policing Model NSA National Security Architecture PID Project Initiation Document PD Police Division RCMP Royal Canadian Mounted Police SCR Security Council resolution SG Secretary-General SPC Standing Police Capacity SPF Somali Police Force SNA Somali National Army SSR Security Sector Reform TC Technical Committee TC NPM Technical Committee for the implementation of the New Policing Model UN United Nations UNCT United Nations Country Team UNDP United Nations Development Programme UNHQ United Nations Headquarters UNOPS United Nations Office of Project Service UNSOM United Nations Assistance Mission in Somalia UNSOS United Nations Support Office in Somalia Towards a Federated Police System in Somalia 5

Prefaces

n May 2017, the Federal Government of Somalia Iand its international partners met in London and committed to a ‘comprehensive approach to security’. This innovative approach places rule of law, community recovery and prevention of violent extremism at the centre of efforts towards sustainable security, alongside more traditional security activities such as the development of capable armed forces. Somalia’s transition towards sustained peace simply will not work without effective policing and access to justice.

The launch of the New Policing Model has therefore been an important development, both towards effective policing and as a tangible component of Somalia’s political journey towards functioning federalism. The Security Pact signed at the May 2017 London Somalia Conference recognized the key role Michael Keating, of the New Policing Model in creating a framework Special Representative of the through which the Somali police services will be re- Secretary-General for Somalia organized on a federal basis.

The cooperative relationship between the Federal Government of Somalia and the Federal Member States in adopting the New Policing Model is an encouraging example of functioning federalism, connecting a political model to real change for real people. We The implementation of the have already seen its impact in the contested city of Gaalkacyo, where joint patrols by Galmudug and New Policing Model has been Puntland state police officers have helped to maintain an entirely Somali-owned peace. The ability of Somalia’s politicians to put this model into action through the establishment of process, which the United functioning police services, working under civilian Nations has been proud to control and guided by the rule of law, will be a litmus support alongside AMISOM test for Somalia and its federal model. and our international The implementation of the New Policing Model has been an entirely Somali-owned process, which the partners. United Nations has been proud to support alongside AMISOM and our international partners. I congratulate our Somali counterparts for their commitment to this historic process and offer the sustained support of the United Nations and UNSOM Police in assisting Somalia to deliver a truly comprehensive approach to security. 6 Towards a Federated Police System in Somalia

strengthening of the entire rule of law chain, Aincluding police, is a prerequisite for sustaining peace in Somalia. The Somali political agreement on a federal, rather than a centralized, police service was an essential starting point. It paved the way for building police services at community and state levels, to complement the existing federal police. Federalism provides a framework for national unity while recognizing the diversity of the nation, also in organizing security and rule of law institutions. A federated police system in Somalia enables the Federal Government and the Member States to work together to strengthen policing in the communities.

Somalia is only at the beginning of reforming and rebuilding rule of law institutions across the country. This will require sustained political commitment. So far, the steadfast political will of Somali authorities Staffan Tillander, has enabled the implementation of the New Policing Director UNSOM ROLSIG Model. This work is now emerging as a good example for institution building in a federal Somalia and may very well serve as a model for other post- conflict environments.

The international community has an interest and responsibility to engage and support those efforts. AMISOM, and its work on training and mentoring While AMISOM is providing Somali police services, has been a key contributor. UNSOM Rule of Law and Security Institutions Group support for the training of (ROLSIG) and the UN Country Team work as “One police men and women, the UN” to support institution building. Over the past year, UNSOM Police supported state led efforts UN is supporting Somalia across Somalia to lay down the strategic foundations to establish the political and for a rights-based police service delivery. All these efforts must fit together. While AMISOM is providing institutional framework support for the training of police men and women, that will ensure that the the UN is supporting Somalia to establish the political and institutional framework that will ensure trained police work within that the trained police work within sustainable sustainable structures. structures. Together we support Somalia on its path towards a democratic and fair, just and secure society that respects human rights.

Somalia is just at the very beginning of this important journey. UNSOM ROLSIG looks forward to maintaining our close relationship with the Somali police and security institutions, and with the federal and state governments, as they are moving forward on this path. Towards a Federated Police System in Somalia 7

the Secretary-General, Security Council Resolutions and the Security Pact. As we all know from our experience in politically complex environments, often the implementation of such an agreement is even more complicated than brokering the agreement itself. The New Policing Model is no exception from this rule. In particular the federated structure of Somalia, giving federal member states the major responsibility on policing complicated the work the mission. This led to the fact that there was not only one partner to work with on the side of Somalia, but multiple ones instead. Since more than one year the officers of UNSOM are working closely with their local counterparts on developing the State Police Plans for each single federal member Stefan Feller, state. Obstacles, such as delays by the elections, lack United Nations Police Adviser of funding for activities, reluctance from different stakeholders and the general security situation had to be overcome. However, I am confident that the process will at the end bring the results that are in n my capacity as United Nations Police Adviser, the best interest of the Somali people. II am closely following the development of the United Nations Assistance Mission in Somalia This good practices and lesson learned document, (UNSOM) since its establishment in June 2013. which has been developed by the Police Component, It was the first newly established mission after I lays out how the colleagues have been approaching have been appointed by the Secretary General to the challenging task of supporting local authorities in oversee all police related issues within the United the development of a federated police structure. It Nations framework. UNSOM and the role of the proves once again that such a challenging objective Police Component within the mission have been can only be achieved in an inclusive way, involving unique from its very beginning. For the very first multiple partners, both from the international as time, a Police Component has been embedded in well as from the national level. It describes how an OROLSI structure, mirroring the structure within UNPOL has utilised external earmarked funding as Headquarters. The integrated structure, embedding well as contributions to the Multipurpose Trust Fund UNDP colleagues within the Police Component, has to achieve its final goal. It also elaborates on the proven to be a success over the last four years. importance of establishing coordination mechanisms in order to have all relevant partners working into However, the development in regards to policing the same direction. When I am handing over my issues has taken new traction over the course of duties to my successor at the end of 2017, I will refer the last two years in particular. From the end of to the UNSOM Police Component as a beacon of 2015 the efforts of the UNSOM Police Component success of the United Nations Police. It is a perfect started to focus on the support to Somalia police example how a small but dedicated and focused services, both on federal as well as on state level, Police Component in a highly complex political and to find common ground on an organisational security environment can achieve a major success. police architecture, which takes into account the framework of the provisional constitutional Allow me to finish by thanking all colleagues who framework and the political reality on the ground. have been contributing to this success, recognising Those efforts culminated into the agreement on the that working conditions in Somalia are harsh and “New Policing Model” in May 2016, a term which challenging. You are the ones representing United since then has become a trademark and has been Nations Police in the field and deserve the credit for referred to in various national and international the overwhelmingly positive feedback that we are documents and agreements, including in reports of receiving for our work. 8 Towards a Federated Police System in Somalia

Police reform in Somalia remains an unfinished business that is exemplary of the slow pace of implementing rule of law reform. Christoph Buik, UNSOM Police Commissioner

his report describes the process of police is an inherently political undertaking, and that Treform in Somalia between 2015 and 2017 and international actors, in particular the United Nations, identifies best practices and lessons learned from (1) must approach it as such. facilitating a political agreement on the New Policing The methodology used for this report includes a desk Model in a federated Somalia and (2) starting-up review of literature and UN documents related to the implementation activities. It is intended for use by subject matter and interviews with those involved in police reform practitioners in post-conflict settings, developing and implementing the NPM. The report in particular in United Nations police components, also takes into consideration lessons learned from which support comparable processes and face other UN peace operations and the EU Police Mission similar challenges. in Bosnia and Herzegovina.

Following a brief stocktaking of the Somali police We are indebted to our Somali colleagues, civilian and before and after the civil war, the stage is set police, for excellent cooperation. Our efforts are all in by discussing federalism in the Somali context. support of your initiatives. We are also grateful to the Subsequently, the report outlines the approach strong engagement and excellent cooperation with and initiatives undertaken by the UNSOM police AMISOM, noting that the African Union plays a key component in supporting Somali stakeholders role in many areas in support of the Somalia security to develop a federal policing model in the new sector, in particular the police. We are also grateful political dispensation, enshrined in the Provisional for the excellent cooperation with UN colleagues in Constitution of 2012. The report concludes with the Mission and in the UN Country Team. Without lessons learned from advancing police reform the integrated UN presence, our work would not have in Somalia over the past two years, overcoming been possible. considerable, and often recurring, challenges and obstacles and making a number of recommendations I would like to convey my sincere thanks to all for future police reform efforts in Somalia. contributors, in particular Mr. Dongxu SU, member of the Standing Police Capacity (SPC) in Brindisi/Italy Police reform in Somalia remains an unfinished and Mr. Hans Sachs from OROLSI at DPKO in New business that is exemplary of the slow pace York, and I hope that readers will gain insight into of implementing rule of law reform. More how police can be built and reformed in a federated generally, the report highlights that police reform context in a post-crisis environment. Towards a Federated Police System in Somalia 9

A working group of the “Technical Committee on the Implementation of the New Policing Model” in South West State during one of the meetings in Baidoa 10 Towards a Federated Police System in Somalia

Executive Summary

The New Policing Model (NPM) is the result of a Somali owned and led police reform initiative. It was endorsed by Somali political leaders from the federal Government (FGS) and the federal member states (FMS) in 2016 to set the institutional framework for a federated policing system that contains federal and state level components. Throughout its development, UNSOM Police has provided technical understanding of the historical, political and advice on the benefits and disadvantages of different socio-economic context and consistent with federal policing systems in the context of Somalia agreements, priorities and decisions of national and supported a political process that provided the stakeholders. It is also important to adopt an required space for discussions and compromises, inclusive approach, ensuring the support of all ultimately resulting in a political agreement. relevant constituencies. Subsequently, the UNSOM police component • Police, and the security sector at large, lie at the has assisted in establishing technical committees core of state power and sovereignty, and often at the federal and sub-federal levels to start the consume a large percentage of state revenue implementation, i.e. further detail the NPM’s federal and international support. Hence, police reform and sub-federal organizational structures, determine is likely to face resistance from powerful groups the exact roles and responsibilities of various police and individuals that will defend their vested entities and prepare police development plans for interests. Political compromises among power each police entity. brokers in the host State is often required to advance police reform. Accordingly, international The contribution of UNSOM Police should be viewed engagement at the political level is often in the wider context of several key interventions necessary. by the internal community, complementary to and • It is important to find the right balance in close coordination with the important role and between encouraging progress and allowing contribution of AMISOM Police and UN agencies, in space for necessary consultations and political particular UNDP. It is also carried out in a broader compromises among national stakeholders. UN context of strengthening the entire rule of law chain, police components should continuously consult which is necessary in order for the police services to UN political components in this regard. function well. However, that wider context is beyond • National ownership is key for success and the scope of this study. sustainability; in a federal context, it is critical to involve stakeholders at the federal and sub- The following lessons can be drawn from the federal, and both state authorities and the civil experience in Somalia: society. • Successful police reform in a democratic system • Police reform is an inherently political process; is a bottom-up process: Agreements at the senior hence, advice must be based on a sound Towards a Federated Police System in Somalia 11

UNMAS: “As an interim support measure in the absence of other non- AMISOM capabilities UNMAS under various working agreements with appointed Somali Police Commissioners has created with the Police a capacity and capability to respond to the challenges of explosives hazard removal and improvised explosive devices. UNMAS trains small agile response teams in command and control, response, and evidence collection. These teams are deployed in Mogadishu, Beletweyne, Baidoa and Kismayo. UNMAS also supports EOD teams in Somaliland and Puntland.”

technical level must reflect the expectations of is paramount, not just to avoid duplication communities; these agreements should then be and gaps in support, but also in ensuring that presented to the political level for endorsement. technical and strategic advice is coherent. • If a constitutional review process is taking place • The co-location of AMISOM Police with Somali in parallel, it is critical to ensure adequate counterparts, whenever the security situation linkages with a police reform process, as the core permits, to mentor and advise Somali police principles of the reformed structures will have officers is highly commendable and should be to be confirmed and enshrined in the revised replicated by other organizations, wherever the Constitution. security situation and the rules and regulations • Sensitizing leaders about options and their of the organization allow. respective benefits and disadvantages is critical for an informed decision making process about The report presents the following the future of policing, without which reform is recommendations for the future of police reform in likely to falter at the implementation stage. Somalia: • Tensions over power and resources in a federal system should be seen as normal; international • To sensitize stakeholders across Somalia and in advisors must pay particular attention to being the international community on federalism and impartial and provide advice that promotes the NPM; compromise. • To conduct a comprehensive assessment and • Making progress on police reform can create evaluation of the Somali Police; confidence and momentum for making progress • To address capacity gaps in a comprehensive in other, often more contentious, areas of manner, avoiding an undue focus on operational security sector reform and other political capacities; processes. • To support national counterparts in drafting a • All efforts have to be made to ensure full legal and policy framework for the police; transparency of the process, especially in post- • To focus on developing quality rather mere conflict societies that are typically characterized quantity; by deep-rooted mistrust among communities • To build community-oriented and intelligence- and their leaders. based policing; • Coordination among international organizations • To match mandated tasks for UNSOM police with the required resources. 12 Towards a Federated Police System in Somalia Somalia once was a synonym for failed states. Today, Cafes have reopened in Mogadishu. Somali diaspora is returning and Somalia even hosts refugees from neighboring states.

1. CONTEXT

In the wake of more than two decades of civil is returning and Somalia even hosts refugees from war and state collapse, Somalia continues to face neighboring states. Basic policing services provide a host of challenges. These include, inter alia, community security in several locations, enabling an extremely volatile security situation with a resuscitated economic activity. powerful insurgent group capable of launching complex and devastating asymmetrical attacks as There are many significant developments in this well as engaging in conventional warfare; political transition. One of them was the adoption of instability; weak governance; insufficient human federalism in Somalia through political agreements, capacity; desolate infrastructure; a weak revenue enshrined in the Somali Provisional Constitution base; rampant corruption; and slow economic in 2012, constituting a milestone in national recovery. Nevertheless, Somalis have yet and again reconciliation. The successful holding of the federal demonstrated impressive resilience, and progress parliamentary and presidential electoral process continues to be made on the road to recovery. in 2016-2017 preceded the peaceful handover of power for the first time since the 1960s. Somalia once was a synonym for failed states. Today, Cafes have reopened in Mogadishu. Somali diaspora Towards a Federated Police System in Somalia 13

1.1 Federalism

Most modern federal systems are based on historical a possible division of responsibilities. Among the 193 and socio-economic circumstances. Some emerged Member States of the United Nations approximately by uniting pre-existing polities, others were 30 are federations. Every federal state is organized established to respect the wish of social groups in in a different way to fit the prevalent historic, a heterogeneous society for autonomy and self- cultural, social, economic and political realities. determination. Federal states are characterized by several layers of governance with varying The organization of police services in federal states levels of decentralization of the executive, the also varies considerably, from a single, unified legislative and the judiciary. Often, the federal state service in South Africa, over several layers of police provides framework legislation that is detailed under unified command of the federal Ministry and implemented at the sub-federal level. In some of Interior in Nigeria, to a decentralized system of federal polities, the sub-federal member states over 15.400 police agencies in the United States feature their own constitution, in addition to the of America. In most federal countries, policing is federal constitution. decentralized with police services at different levels, sometimes with equal status and accountable to A common principle for the division of sub-federal governments. responsibilities among the federal and sub-federal is that whatever can be governed by the entity closer The competition for power and resources makes it to the people should be governed by this entity. normal for the various entities in a federal system to Reversely, areas that typically fall exclusively into engage in constant, sometimes fierce, negotiations. the jurisdiction of the federal level include defense, A well-crafted constitution and an effective foreign policy, citizenship, monetary policy and constitutional court are therefore important features border management. The diagram below illustrates in a functioning federal system. 14 Towards a Federated Police System in Somalia

1.2 Federalism in Somali Context

A main source of the strife over two decades in Federal Parliament has a special responsibility to Somalia was the attempt to centrally govern a represent the interests of the Federal Member country characterized by strong identification of State that the member represents and to its citizens within a complex clan structure. Power safeguard the federal system, whilst acting in the and access to resources was pooled in the hands spirit of inter-governmental cooperation. of a limited number of individuals belonging • The major principles of the Somali’s federalism mainly to one clan. As a result, many Somalis felt are: decentralization of powers among all levels disenfranchised from their Government, if not of governments, effectiveness of exercising the threatened. powers and responsibilities (including raising revenue) with mutual cooperation, equality Starting in 2004, Somali leaders negotiated a way and fairness of sharing resources and resolving of sharing power and resources, culminating in the disputes through dialogue and reconciliation. Provisional Constitution adopted in 2012 describing the federal nature of Somalia as follows1: Any federal system is complex and resource- intensive, and its implementation in Somalia • There shall be two levels of government, the consequently faces a number of daunting Federal Government level and the Federal challenges, including: deep mistrust resulting Member State level of government, comprising from years of inter-clan strife, including towards the Federal Member State governments and state structures; the volatile political environment the local governments and both levels are in Somalia with recurring differences not only elected by the citizens and accountable to between the federal and sub-federal entities, but them. also among those and within the FGS; a weak • The overall power of the state and its basis and the absence of mechanisms for revenue governmental responsibilities shall be generation; a dire and extremely unpredictable divided between the Federal Government security environment; and a lack of understanding and the Federal Member State governments. of effective federal structures, both among Somalis The specific allocation of powers and and international advisors. Notwithstanding, power responsibilities shall be subject to further and resource sharing under federal structures seems negotiations with regard to all matters, except to be the only option for a successful reunification of for those relating to Foreign Affairs, National the Somali clans under one state structure. Defense, Citizenship and Immigration and Monetary Policy, which shall be part of the remit of the Federal Government. • The Federal Member States shall be represented in decision making at the Federal Government level through the Upper House of the Federal Parliament, which shall comprise representatives elected from the people in each Federal Member States. • Every member of the Upper House of the

1Article 48, 54, 72, 61 (3) and 50 of the Provisional Constitution of Somalia 2012. Towards a Federated Police System in Somalia 15

1.3 History of the Somali Police

The history of the Somali Police dates back to eventually numbered approximately 800 members. the time around the turn of the 19th century During Italy’s war against Ethiopia the force when the British colonial power formed an expanded to about 6,000 men. armed constabulary to police the northern coast of Somalia, and later also the Somalia’s interior. In 1941, the British defeated the Italians and created In 1926, the colonial authorities formed the the Somalia Gendarmerie, growing to more than Somaliland Police Force. Commanded by British 3.000 men led by 120 British officers in 1943. In officers, the force included Somalis in its lower 1948, the Somalia Gendarmerie became the Somali ranks. Armed rural constabulary (illalo) supported Police Force (SPF). In 1958, the authorities made this force by bringing offenders to court, guarding the corps an entirely Somali force and changed prisoners, patrolling townships and accompanying its name to the Police Force of Somalia (Forze di nomadic tribesmen over grazing areas. Polizia della Somalia). Following independence and the unification of Somaliland and the former After initially relying on military forces to maintain British controlled Puntland and South-Central public order in the territory under their control, Somalia in 1960, a new SPF was formed, consisting the Italian colonial authorities established a coastal of approximately 3.700 personnel, of which 1,000 police and a rural constabulary in 1914, mainly were organized as the Daraawishta Booliska, mobile to protect Italian residents. Italian Carabinieri groups used to keep peace between warring clans in commanded and trained the new corps which the interior.

1926 Colonial authorities formed the 1976 Under the Siad Barre regime, Somaliland Police Force command of the SPF was moved from the Ministry of Interior to the Presidency. It was considered part of the 1941 British defeated the Italians Somali National Army and created the Somalia Gendarmerie

1948 Somalia Gendarmerie 1991 During the ensuing civil war, became the Somali Police the SPF was not operational Force (SPF). and its structures ceased to exist.

Authorities made the corps 1958 an entirely Somali force and changed its name to the The Somaliland Police Law Police Force of Somalia 2013 was adopted by the House of Representatives

1960 New SPF was formed, consisting of approximately Jubaland and South West 3.700 personnel 2014 recruited 600 police officers with the support of UNSOM Police and the African Union Mission in Somalia (AMISOM). 16 Towards a Federated Police System in Somalia

1.3 History of the Somali Police

The logo of the “Ciidanka Booliska Soomaaliya

The Somali Police Force.

Under the Siad Barre regime, command of the federal member states of Jubaland and South West SPF was moved from the Ministry of Interior to recruited 600 police officers with the support of the Presidency. It was considered part of the UNSOM Police and the African Union Mission in Somali National Army from 1976 until its collapse Somalia (AMISOM). AMISOM police trained the in 1991. During the ensuing civil war, the SPF recruits in basic policing, and their deployment was not operational and its structures ceased to mainly in the regional capitals Kismayo and Baidoa exist. Somaliland established its own police in was critical to provide security during the 2016/17 1993 under the Ministry of Interior. In 2013 the electoral process. In the meantime, intelligence Somaliland Police Law was adopted by the House agencies, local militias and other armed groups of Representatives. Around the same time, the continue to perform police duties in areas beyond Puntland Security Force was established, comprised State control. of Puntland Darwish Force, Puntland Police Force, Puntland Maritime Police Force and Puntland Despite the provisions of establishing police services Intelligence Agency. at the FMS level and sharing responsibilities with the Federal Police in Article 126 (4) and (5) of the When Al-Shabaab lost control of the capital in Provisional Constitution of Somalia (2012), the legal August 2011, the SPF resumed its operations in and organizational framework for professional state Mogadishu and deployed some of their officers to police services was missing, with the exception of the regions. Since 2014, and based on memoranda Somaliland and Puntland. of understanding between the FGS and FMS, the Towards a Federated Police System in Somalia 17 UNSOM assisted the Somali authorities in the development of the NPM, as an integral part of the wider peace and statebuilding process in Somalia.

2. THE NEW POLICING MODEL IN SOMALIA

In line with its mandate to support the Government governed and delivered in Somalia, with a division of Somalia by providing strategic policy advice on of responsibilities between the federal and states police issues, the police component of UNSOM levels. Supporting the implementation of the NPM assisted the Somali authorities in the development at the federal and FMS levels has become one of the of the NPM, as an integral part of the wider peace core functions of UNSOM Police. In the following, and statebuilding process in Somalia. The NPM the process of reaching the political agreement and sets out the framework on how policing will be its implementation is described. 18 Towards a Federated Police System in Somalia

2.1 Developing the Framework – Political Agreements

In July 2015, Somali national and regional the roles, responsibilities and relationships of the stakeholders at the technical level commenced a Federal Police and the State Police. The federal consultation process on a new policing structure in and state police will have standardized uniform a federated Somalia. UNSOM police supported this but different badges and insignias to mark their process with providing good offices and convening identities. relevant stakeholders, as well as providing technical The agreement also establishes a number advice on options for a future policing model, of oversight, coordination and cooperation outlining advantages and disadvantages in the mechanisms. Regular consultative meetings will context of Somalia. This process culminated in a be held between the federal and state Ministers consultative conference in March 2016, organized of (Internal) Security as well as the Police by UNSOM police, to which Ministers and other Commissioners. Oversight responsibilities lie with government representatives responsible for policing the security Sub-Committee of the Parliament, of both FGS and FMS were invited to discuss the Council of Ministers and the Ministers of (Internal) way forward for the Somali Police under the federal Security at respective levels. It was also decided dispensation agreed in the Provisional Constitution that the Federal Minister of Internal Security should of 2012. Federated policing models of Belgium, appoint an inclusive technical committee to further Germany, India and Nigeria were introduced, detail the federal participation. offering the Somali officials a reference for different options. After four days of negotiations the officials reached an agreement, and the draft New Policing 2 Model (NPM) was endorsed . Process Chart of Strategic Planning in regard to the Implementation of the New Policing Model The fifteen-article agreement stipulates that the Somali Police will consist of two levels, namely the Federal Police and the State police services, reporting to the respective federal and state level Workshop 2 South West TC NPM Workshop 1 SW Police Plan May 2017 Dec 2016 Somali Police ministries responsible for policing. The Federal Plan Workshop 1 Workshop 1 Workshop Somali Puntland TC NPM First draft PL Police Plan (Heegan Plan Feb 2017 Feb 2017 and State Presidents will appoint the Police Police (SPF) refreshed) Conferences of Desired endstate Workshop 2 2027 JL Police Plan Ministers of Political agreement Endorsment Workshop 1 Joint TC NPM Commissioner of each level, respectively. Each Jubaland TC NPM Internal Security Comprehensive New Policing Model NPM by NLF Mar 2017 May 2017 Meetings Workshop (Joint) Stand still (CMIS) NPM 3 (NPM) Gg Police Plan FGS/FMS/Police Technical Committee FGS-SPF level will have a Darwish police and criminal Workshop 1 (JTC) initiative FMS Galmudug TC NPM Workshop 2 Legal investigation component under its command. April 2017 July 2017 HS Police Plan Framework Meetings IC Workshop 1 Workshop 2 Federal/MOG/ Hirshabelle TC NPM April 2017 July 2017 BanadirPolica Plan

Each level will be responsible for the recruitment Federal /MOG/Banadir TC NPM and training of its own police, based on common London conference, 11 May 2017 Consolidatin NPM standards and curricula. The federal and state 32,000 police (State + Federal + coastguard (police) governments will fund their respective police June 2015, Nairobi, 23 March 2016 Baidoa 24 June 2016 Why? Workplan approved services, while financial support provided by the by Dir Rolsig international community will be equitably shared.

Regarding the legal framework, a new Police Law Support UNSOM Police (German funding via UNOPS) will be enacted to replace the one of 1972, clarifying AMISOM Police invited

Ramadan Elctoral process from 08-2016 2 Lack of appetite Coordination See Annex A. S^-NSA 3 PSG2-NDP, PWG While nowadays Darwish are trained and equipped for combat operations, in medium Justice, Defemce, term Darwish will be acting more and more as Special Weapons and Tactics (SWAT) Intelligence, Civil Society teams with a corresponding set of abilities and matching equipment. Towards a Federated Police System in Somalia 19

endorsed an agreement on the main principles of a Once outstanding details were discussed and national security architecture (NSA) on 8 May 2017. agreed, a slightly amended NPM was submitted to This agreement specifies the combined number of the higher political level, the National Leadership the future federal and state level police services Forum (NLF) in June 2016, consisting of the federal (including Darwish and Coast Guard) at 32,000, President, the FMS Presidents, the Speaker of compared to 18,000 troops for the Somali National the federal Parliament and the federal Prime Army. This can be understood as a clear decision by Minister. The NLF approved a version that includes Somalia’s leaders that the primary responsibility for more details, especially on the duties of relevant internal security shall rest with the police. The NSA police entities/units. In addition, new units were however did not determine how to distribute this introduced, such as the State-level Birmadka figure between the regular police and Darwish, or and the Customs Police Unit. Detailed timelines between the federal and state levels. for cooperation and coordination meetings and principles were also agreed upon. On 11 May 2017, during the London Conference on Somalia, a Security Pact was adopted by Somali The NPM was once again affirmed at the highest leaders and 42 international partners. In the political level, when the National Security Council pact, the NPM and the NSA were recognized and endorsed by all parties without amendment.

Workshop 2 South West TC NPM Workshop 1 SW Police Plan May 2017 Dec 2016 Somali Police Plan Workshop 1 Workshop 1 Workshop Somali Puntland TC NPM First draft PL Police Plan (Heegan Plan Feb 2017 Feb 2017 Police (SPF) refreshed) Conferences of Desired endstate Workshop 2 2027 JL Police Plan Ministers of Political agreement Endorsment Workshop 1 Joint TC NPM Jubaland TC NPM Internal Security Comprehensive New Policing Model NPM by NLF Mar 2017 May 2017 Meetings Workshop (Joint) Stand still (CMIS) NPM (NPM) Gg Police Plan FGS/FMS/Police Technical Committee FGS-SPF Workshop 1 (JTC) initiative FMS Galmudug TC NPM Workshop 2 Legal April 2017 July 2017 HS Police Plan Framework Meetings IC Workshop 1 Workshop 2 Federal/MOG/ Hirshabelle TC NPM April 2017 July 2017 BanadirPolica Plan

Federal /MOG/Banadir TC NPM London conference, 11 May 2017 Consolidatin NPM 32,000 police (State + Federal + coastguard (police) June 2015, Nairobi, 23 March 2016 Baidoa 24 June 2016 Why? Workplan approved by Dir Rolsig

Support UNSOM Police (German funding via UNOPS) AMISOM Police invited

Ramadan Elctoral process from 08-2016 Lack of appetite Coordination S^-NSA PSG2-NDP, PWG Justice, Defemce, Intelligence, Civil Society 20 Towards a Federated Police System in Somalia

2.2 The Platform for Implementing the Agreement: Coordination Bodies

2.2.1 NPM bodies

After consultations Following approval by the NFL in Internal Security (CMIS). June 2016, UNSOM Police made In line with article 13 of the NPM, with FGS and support to the implementation of the TCs shall meet once every the NPM its top priority, also with month for three consecutive days. FMS authorities, a view to maintaining the political The main objective of the TCs at UNSOM Police momentum. After consultations the sub-federal level is to devise with FGS and FMS authorities, State Police Plans, outlining a proposed to UNSOM Police proposed to vision; the police administration establish a platform to implement and command structure; training establish a the NPM, comprising of three and professional development platform to bodies outlined roughly already in plans; duties and responsibilities the political agreement: Technical of different units (i.e. Darwish, implement the Committees (TCs) in all FMS and criminal investigations and other for the Federal Police, one Joint special police units as well as NPM, Technical Committee (JTC) and community police services); a Conference of Ministers for human resource systems; finance;

Support Structure for the Roll-Out of the New Policing Model Towards a Federated Police System in Somalia 21

UNSOM Police supported the organization of workshops, the development of their terms of reference and the ensuing strategic planning process for the state police services. and logistics. Depending on the South West State was the first agenda, participation includes FMS to establish a TC. Despite the Minister of (Internal) Security, a very promising first workshop the Police Commissioner and/or in December 2016, progress has their senior representatives. The been slower than expected due JTC meets once in every three to the turnover of key members months to coordinate the roll of the TC. Puntland established out of the NPM, address cross- its TC in February 2017, followed cutting issues, coordinate the by a second workshop a month legislative processes and prepare later addressing the Puntland the Conference of Ministers of State Police Plan. The Jubaland TC Internal Security (CMIS). The was established in March 2017. CMIS shall take strategic decisions Although two workshops have on issues raised by the JTC and been held, the operational burden TCs and it shall meet every six because of the security situation months. has limited progress thus far. The Galmudug TC was established in Following the first round of April 2017. Members of the TC workshops, TCs NPM were NPM were very well prepared officially established in all and eager to collaborate with the FMS, namely Galmudug, representatives of other FMS. HirShabelle, Jubaland, Puntland HirShabelle also established its TC and South West State. UNSOM in April 2017. Following a series Police supported the organization of working group meetings in of workshops, the development June 2017, the first draft of the of their terms of reference and state police plan will be finalized the ensuing strategic planning soon. The TC for the federal police process for the state police and the JTC have yet to become services. Working groups were operational. established to develop the State Police Plans. Workshops and Drafting of the State Police Plans consultative meetings are being is expected to be completed funded through the non-lethal in 2017. The Plans comprise support package (see below), and three parts, namely the current participants are being coached situation, the desired end state in and mentored by UNSOM and 10 years and prioritized activities AMISOM Police. within the next four years. 22 Towards a Federated Police System in Somalia

2.2.2 Coordinating international assistance to implementing the NPM: The Police Project Coordination Cell

The Police Projects Coordination Cell (PPCC) held its inaugural meeting on 30 June 2016. Its terms of reference aim at improving information sharing and cooperation between Somali stakeholders and international partners. Projects coordinated through the Cell include:

• A UK funded Mogadishu • A US (Bureau of International Security Advisory Team that Narcotics & Law Enforcement/ supports the Mogadishu City INL) funded Bancroft project Security Plan and the Joint supporting the development Operations Command Centre; of the Criminal Investigation • A Japanese funded UNMAS Department and police project strengthening stations in Banadir; and proactive and reactive • An EU funded project - responses to terrorist offences Regional Law Enforcement in across Somalia; the Greater Horn of Africa and Yemen.

Somali Ministers and officials responsible for policing announcing their agreement on Somalia’s New Policing Model during a press conference in Nairobi in March 2016 Towards a Federated Police System in Somalia 23

2.2.3 Ensuring Coherence in Training: The Police Professional Development Board

The Police Professional Development Board (PPDB) was created on 16 A major December 2015 at a special symposium held in Mogadishu organized by UNSOM Police. It was attended by the Somali Police Force accomplishment leadership, police representatives from the FMS and Banadir and of the PPDB to international partners. A major accomplishment of the PPDB to date has been the development and endorsement of a Basic Police Recruit date has been Curriculum, the first standardized police training curricula approved the development by the SPF and the FMS. The PPDB is also working towards:

and endorsement • Preparing specialized training policing, investigations, traffic, of a Basic curricula; management and leadership; • Preparing capacity building and Police Recruit courses for all police ranks of • Developing a Training Policy. Curriculum the Somali Police in areas such as human rights, community

2.3 Funding the Implementation of the NPM

2.3.1 The Non-lethal Support 2.3.2 The Somalia Joint Rule of Package Law Program

The United Nations Secretary-General, in his letter UNSOM, UNDP, UNODC, UNOPS, UNICEF and of 2 July 2015 to the Security Council, recommended UNWOMEN are currently developing the Somalia to establish a non-lethal support package (NLSP) Joint Rule of Law Program work plan for 2018-2020, for the Somali police. This recommendation was in close collaboration with the Ministry of Justice, endorsed in Security Council resolution 2232 (2015). the Ministry of Internal Security and representatives The United Nations Office for Project Services of the Somali police. The Joint Rule of Law Program (UNOPS) was well positioned to provide this has three police related priorities: (1) Political service. The Government of Germany contributed work associated with the New Policing Model; (2) USD 2.3 million to implement the first part of this Increasing the visibility and the presence of police, package during the period of 2016-17, in particular particularly at the federal member states level; (3) facilitating meetings of the TCs, workshops and Capacity building of police with a focus on improving conferences to support the implementation of the police service delivery at the community level. It NPM and constructing a police training center. The will have an intensified focus on supporting the NLSP will also support the JTC and the CMIS when federal member states. established. 24 Towards a Federated Police System in Somalia

2.4 The Way forward for the New Police Model

Currently, the implementation to the further development of of the NPM is at the stage of Somalia’s police services. structural and organizational reforms, to be followed All three coordination bodies as by reforming the legal and well as the Technical Committees regulatory framework, including NPM at the state level are fully policies, procedures, rules incorporated in the reporting lines and regulations. This is being towards the coordination bodies complemented by the excellent of the strand 2B of the so called support of the AMISOM police “Comprehensive Approach to component to recruiting and Security (CAS)” (see chart below). training new police in the FMS. The CAS structure is linking The finalization of the national efforts with international State Police Plans and their support. Thus, the NPM related endorsement by the respective bodies are important stakeholders State authorities in near in the sub-strand “Police” which is future will be the first priority. a part of “CAS-Strand 2B Internal Meanwhile, further political Security”. engagement will hopefully result in the establishment of the TC for The JTC will focus now on the the Federal Police and Banadir/ integration of the State Police Mogadishu. Plans and the Federal Police plan into an overarching Somali Police Meanwhile all three bodies Development Plan, which may be foreseen in Article 13 of the referred to as the revised Heegan agreement on the NPM for Plan. coordination and collaboration in regard to the implementation UNSOM Police, in close of the New Policing Model consultation with AMISOM and held their inaugural meetings. other partners, will continue its The Joint Technical Committee efforts to support the technical NPM, the Council of Police and political processes to Commissioners and the implement the NPM, coordinating Conference of Ministers of and facilitating cooperation Internal Security agreed each between the federal and on their respective Terms and state level authorities, while Reference and started to discuss ensuring national ownership and the most urgent subjects related coherence.

4 The so called “Heegan Plan” was announced by the SPF in June 2015. The plan outlined the future development of the Somali police, especially by rebuilding the field capability of police services in the territories recovered from AL Shabaab in order to release the military from their temporary role of ensuring security in the villages and towns that have been retaken from Al Shabaab and avoid a militarization of law and order functions. The plan contains a basic mapping of personnel, infrastructure and logistical requirements and funding needs. Towards a Federated Police System in Somalia 25

Coordination Chart of the FGS MoIS connecting NPM bodies With the CAS structure

Ministry of Council of Ministers of Internal Security (MOIS) Internal Security (CMIS) To deliver Chaired by FGS ISS, NSARCH, CAS Minister of IS Strand 2 (B) IC & ORA

CAS STRAND 2 (B) IC

Council of Police STRAND 2B Commissioners COORDINATOR (CPC)

SPF Planning NMCC Defector and Joint Police NISA TC IMMIGRATION WAM/SEM Maritime Program Development TC TC A TC Security WG Group

NOTES Banadir Puntland Jubaland Galmadung Hirshebelle South West NMCC = National Maritime TC TC TC TC TC TC Cordination Committee NSArch = National Security Architecture NPM = New Policing Model ORA = Operational Readiness Assessment COM = Council of Ministers TC = Technical Committee

5 For more coordination charts see Annex C. 26 Towards a Federated Police System in Somalia

3. GOOD PRACTICES AND LESSONS LEARNED

3.1 National Ownership National ownership is a key principle for the work of the UN. In a federal context, it is critical to involve stakeholders at the federal and sub-federal, both state authorities and the civil society.

Good Practices

The formation and implementation of the NPM continues in the Technical Committees and the in Somalia is a good example of putting national Conference of Ministers of Internal Security to ownership principles into practice. It constitutes address outstanding issues. a comprehensive reform agreement between the FGS and FMS towards a federated policing model in Lessons learned Somalia. While UNSOM Police provided technical advice and good offices, it ensured sufficient space While a lack of inclusiveness was one reason why for this to be a genuine Somali process. the “Heegan Plan” of 2015 did not receive full buy-in from Somali and international stakeholders, a lesson The result is a document that is in line with the identified is to fully engage and better communicate Provisional Constitution and based on the political with institutions and their leaders who do not fully agreements reached among the Somalis following support the reform process. Tensions over power thorough consultations. This Somali-led process and resource sharing are normal in a federal context, but need to be managed. Towards a Federated Police System in Somalia 27

3.2 Capacity Building

The development of capacities of host state level. Long term and sustainable development of institutions and individuals is a prerequisite for the state institutions must be built on their own successful transition. Several generations in capacities, progressively reducing the dependence Somalia grew up without a proper understanding on international partners. of state structures and the basic principles of good governance. In most areas of Somalia, the State Good Practices never played a significant role. In addition, the concept of federalism is new in Somalia. Sensitizing Insufficient national capacity jeopardizes the reform leaders about options and their benefits and process. UNSOM Police has aimed to strengthen disadvantages was critical for an informed decision national strategic planning and management making process about the future policing model in capacity to ensure that Somalis can take full Somalia, without which its implementation can only ownership of the process. For example, UNSOM falter. Police organized two workshops in 2017 for State authorities to promote awareness of, and build Sustained capacity building is required to establish capacity in, strategic planning and public finance a pool of skilled individuals to advance the strategic management within the framework of the NPM, planning for – and management of – the emerging with a view to empower Somali civil servants to police services in Somalia, especially at state plan, project their needs and budget accordingly.

Lessons Learned

UNOPS: “Donors recognize that regular payments through salary top-up (stipends) to the Somali Police are essential in insuring improvements to the security situation in Somalia. As a first step towards creating a transparent, accountable system to effectively manage stipend payments, UNOPS captures the biometric and biographical data of federal and state police officers on its Human Recognition System. Since it is expected that a gradual transfer of ownership and management of the HRS system to the FGS is envisioned for the future, UNOPS HRS mentors have teamed up with the SPF to build the capacity of a team of officers to manage and operate the registration and payment kits, and the police database. As a result, all registration and verification exercises of Somali police officers are carried out exclusively by trained SPF operators, to ensure future ownership.”

The urgency to develop Police Plans in the current situation in Somalia, where nascent police services are expected to progressively take over responsibility from national military forces and AMISOM, did not allow to build the capacity of relevant personnel first and start the planning process afterwards. UNSOM Police therefore decided to adopt a mentoring approach, with intermittent capacity building workshops. However, training should be delivered at the earliest possible stage of the process. 28 Towards a Federated Police System in Somalia

3.3 Police Reform as a Political Process

Any reform will face resistance from powerful that must reflect the expectations of affected groups and individuals that will defend their vested communities. In Somalia, the preliminary interests. Police, and the security sector at large, agreements at the senior technical level (police lie at the core of state power and sovereignty, and commissioner(s); advisors to the President(s) or will consume a large percentage of state revenue Ministries) were based6 on the security concerns and international support. Thus, police reform is and expectations of the local communities likely to face even stronger challenges than reform represented by the respective participants in the in other sectors of society. While technical advice is process7 . Agreements reached at this level were indispensable, police reform is inherently a political subsequently elevated to the political level (Council process, and it is essential to adopt an approach of Ministers; National Security Council; Parliaments) that takes the above into consideration, ensuring for endorsement, and will have to be enshrined the support of all relevant constituencies. in the Constitution. Hence, engagement of Somali police representatives and international police At the same time, successful police reform in advisors in the constitutional review process is a democratic system is a bottom-up process critical.

Good Practices

Once federal member states and their value in particular during the implementation of the administrations were established, the table was set NPM. for police reform to take place in a federal context. UNSOM Police learned from the lessons of EU In Somalia, police reform appeared to be less Police Mission (EUPM) in Bosnia and Herzegovina8 contentious that reform in other areas, such as and adopted a bottom-up strategy. This ensured the defense or revenue sharing, and UNSOM police buy-in of sub-federal entities and the communities proactively supported the process during a political they represent and was helpful to keep the political window of opportunity in 2015 and 2016. Success momentum. in the police area spearheaded the wider process of agreeing on federal state structures in Somalia Following the decentralized, federated approach, and created confidence and momentum for other UNSOM Police deployed its officers on a full time political processes, such as agreeing on the NSA. basis to regional offices in Baidoa, Beletweyne, Furthermore, the process designed for developing Garowe and Kismayo to work together with FMS and agreeing upon the NPM is being replicated authorities. These officers proved their distinct in other sectors, most recently for justice and corrections.

Lessons Learned that reforms match structures and expectations in the host society and are therefore accepted and While it is essential to base police reform on a sound sustainable. Lastly, all efforts have to be made to threat analysis, it is equally important to base it on ensure full transparency of the process, especially in a detailed analysis of local political dynamics, the post-conflict societies that are typically characterized history of the country (and sometimes the region) by deep-rooted mistrust among communities and and the wider socio-economic context to ensure their leaders.

6 To the extent possible given the security situation and compressed schedule. 7 Support for a decentralized policing model among communities was confirmed in a perception survey conducted by Sahan Foundation on regional police forces in Jubaland and South West State published in May 2017. Participants noted that regional police services are more “indigenous” and legitimate, with deeper ties into the communities, and that federal member states have more authority over the police than Mogadishu. Respondents also noted a lack of trust in federal forces to effectively engage in anti-insurgency operations, including because their central command is in Mogadishu.

8 After the conflict in Bosnia police follows a decentralized model in the Federation in line with Dayton Agreement, while EUPM’s initial efforts was a top-down approach underpinned by an ambitious police reform plan aimed at achieving, inter alia, a fairly high degree of centralization of the police structure of the country. This top-down approach has been proven to be a failure. Since the shift to bottom-up approach, EUPM achieved much more success. Towards a Federated Police System in Somalia 29

3.4 Cooperation and Coordination

Effective coordination is a challenge in any and reluctant to be subject to an overarching organization. However, providing support and coordination structure. In addition, international advice to a reform process in a post-conflict country advisors are educated and have worked in different faces unique challenges. In most settings, there is a systems in their home countries and may be number of bilateral and multilateral partners, with susceptible to being predisposed to what they are often differing agendas and donor requirements, most familiar with.

Good Practices

UN entities working on rule of law issues in Police Project Coordination Cell and the Professional Somalia are organized under the Global Focal Development Board. In a special coordination Point arrangement. This has helped UN internal meeting on police held in July 2017 9 , initiated coordination and collaboration, including through by UNSOM, it was agreed that a joint funding interaction on a daily basis. During the development mechanism dedicated to the police sector should be and implementation of the NPM, UNSOM Police explored to pool funds with a focus on equipment, facilitated the coordination of other international infrastructure, stipends and training. partners by supporting Somali authorities in chairing the Police Working Group and establishing the

Lessons Learned Somalia is an experiment in international police It is vital that international advisors respect support, as it hosts simultaneously AU and UN police national ownership and coordinate both advice and components, and there is still room to strengthen support, in line with priorities identified by national cooperation and coordination between UNSOM and stakeholders. AMISOM police 10.

9 Including representatives from Canada, Germany, Italy, Japan, the Netherlands, UK and USA, the EU Delegation, AMISOM, UNDP and UNOPS, the Ministry of Internal Security of Somalia and the Deputy Commissioner of the SPF.

8 In his letter to the Security Council conveying the findings and recommendations of the March 2017 Joint AU/UN Review of AMISOM, the UN Secretary-General highlighted that “the police sector has seen considerable process. […] On the one hand, AMISOM police has proven its comparative advantage in assisting with the vetting, recruitment, training and mentoring of police and in providing operational support. […] On the other hand, UNSOM has proven successful in providing policy advice to rolling out the new poling model and establishing institutional police structures at the federal and FMS level. […] The AMISOM and UNSOM police components should continue to strengthen their collaboration.” 30 Towards a Federated Police System in Somalia

3.5 Police Reform in a Broader Context

Police reform plays a key role in post-conflict and security service provider. On the other hand, it transitional countries. It is vital for sustainable fulfills a critical role in upholding the rule of law and peace and development that people feel safe and is an integral part of the criminal justice system. secure and have confidence in their State. This can Therefore, police reform efforts have to take place in be achieved only when everyone, including the concert with rule of law and criminal justice reform, law enforcement agencies, are accountable to laws as well reforming the wider security sector. that are consistent with international human rights Without congruent reforms in the justice and standards. Police reform is also associated with corrections areas, police reform will at best not sustainable development: an improved security have the desired impact in fighting impunity and situation is a precondition for socio-economic strengthening the rule of law, as arrested suspects recovery in most post-conflict settings. will not be brought to trial, have to be released, or linger in deplorable and often deadly conditions in Strengthening police institutions has to be conceived pre-trial detention. At worst, it might result in an as part of wider rule of law and security sector operationally effective, but unchecked police force. reform. On the one hand, the police is an important

Good Practices

UN entities working on rule of law issues in partners by supporting Somali authorities in chairing Somalia are organized under the Global Focal the Police Working Group and establishing the Point arrangement. This has helped UN internal Police Project Coordination Cell and the Professional coordination and collaboration, including through Development Board. In a special coordination interaction on a daily basis. During the development meeting on police held in July 2017 , initiated and implementation of the NPM, UNSOM Police by UNSOM, it was agreed that a joint funding facilitated the coordination of other international mechanism dedicated to the police sector should be explored to pool funds with a focus on equipment, infrastructure, stipends and training.

Lessons Learned

Parallel initiatives by UNSOM, the UN Country Team from those of other security actors and to establish and external partners will continue to exist, and it coordination and collaboration mechanisms, unless is essential to work collaboratively across sectors. their basic organization and roles are determined. Police reform in isolation cannot succeed, as the Working with partners is critical for results to be police cannot be effective without the wider criminal achieved in all these areas. In Somalia, where the justice system, or those institutions that manage volatile security situation draws most attention and or oversee policing services. At the same time, it is resources, insufficient consideration and support impossible to delineate policing responsibilities is given to the justice and corrections sectors, as well as to establishing governance and oversight mechanisms. Towards a Federated Police System in Somalia 31

UNDP:

“The severe shortage of qualified persons in the rule of law sector, especially the police with limited professional capacity, has negatively affected the rapid professional development of the Somali Police. To address this, UN Global Focal Point for Rule of Law in Somalia, comprised of UNSOM, UNDP and other relevant UN agencies has invested a great deal of resources in education and capacity development programmes. There is also a severe lack of national capacity in the police sector, and training is prescribed without needs assessments or reporting mechanisms in place.

While progress has been made through the GFP, there is a need for a better coordinated approach to utilize a greater number of technical experts across the UN system in Somalia, especially while undertaking complex legal strategies and legislations. A harmonized approach with the UN Country Team has reduced duplication of work. Joint review meetings have identified a number of quick solutions – such as rolling out of the technical committees at the FMS with UNDP and UNOPS providing logistic and coordination support to the UNSOM. The GFP has been capitalizing on the momentum from the New Policing Model adopted in 2016 that has led to the programming in trainings with a harmonized curriculum development for the mid-level police managers, development of police leadership programmes and community policing at the federal member states.”

Somali police officers from Police Station Gender Desks receive SGBV training Certificates 32 Towards a Federated Police System in Somalia

4. Conclusions and Recommendations

4. Conclusions and Recommendations

The NPM, the result of a UN supported, Somali owned and led police reform process, represents a major breakthrough for public sector reform in Somalia. It established a role model both in terms of process and results by outlining how policing will be governed and delivered in a federated Somalia. During the course of implementing the NPM, many challenges will be encountered. To address some of the issues that may jeopardize success, the following recommendations are made:

4.1 Increase resources for UNSOM Police (the Fifth Committee, ACABQ for consideration of increased financial resources). Currently, UNSOM Police is mandated with a strategic advisory and a coordination role. Support 4.2 Raise awareness on federalism and the NPM to the evolution of police reform in Somalia is resource-intensive task. Simultaneous support to all UNSOM leadership should take all possible technical committees and the ministerial conference opportunities to sensitize Somali political leaders, will be required to maintain the current momentum, government officials and civil society as well as the without which there is a considerable risk that the international community on federalism and the NPM will fail at the implementation stage. UNSOM NPM. Public information campaigns would be useful, is already facing constraints to respond in a timely using both traditional and new media. manner to support requests from Ministries, technical committees and police commanders. 4.3 Conduct a comprehensive assessment of the This issue may be discussed at UNHQ level, further Somali police recommendations may be directed to the Security Council (mandate) and the General Assembly Due to the security situation and restricted Towards a Federated Police System in Somalia 33

resources, UNSOM Police had to limit its footprint 4.6 Focus on developing quality rather than in Somalia and was not able to conduct a full large numerical police service assessment before starting the implementation process of the NPM. A comprehensive assessment As set out by the Security Pact adopted at the of the Somali police services and any entities who London Conference in May 2017, the Somali security are conducting policing functions, in cooperation institutions shall be affordable, acceptable and with the Somali police services, AMISOM, UNDP, accountable and have the ability to provide security UNODC, UNOPS, DFID and other partners, should and protection to the people of Somalia. Somalia be conducted, building upon the currently ongoing experiences a protracted period of transition, during Operational Readiness Assessment and similar which the Somali police services will be considerably initiatives. This assessment would assist the Somali constrained by limited resources with few officers, Police services in identifying their capacity gaps and inadequate equipment, underdeveloped, dilapidated benefit the on-going state police planning process. or non-existent infrastructure, and insufficient It would also provide a baseline for recurring financial resources overall. Furthermore, the Somali evaluations of the development plans for the Federal Police currently lacks the logistical capacity and Police and the various State Police services. administrative support necessary to meaningfully deploy its police officers beyond major towns 4.4 Fill the capacity gaps in comprehensive and to sustain recurring expenses such as salaries manner and maintenance of infrastructure. Therefore, it is advisable to focus on building smaller police To establish a functioning police services, support institutions with better-equipped and trained must not just aim at strengthening operational personnel rather than a large service without capacities. It must also promote good management11 adequate equipment, training and sustainment. , adherence to human rights standards, adequate consideration of gender aspects and addressing 4.7 Build community-oriented and corruption. The co-location of AMISOM Police with intelligence-led police services Somali counterparts, whenever the security situation permits, to mentor and advise Somali police officers In many areas of the country, the police are on the are highly commendable. Meanwhile, the World frontline of the fight against Al Shabaab insurgents. Bank and the International Monetary Fund (IMF) UNSOM Police is advising and encouraging Somali should be encouraged to support improved public police services to adopt a community-oriented financial management, capacity injection projects policing strategy. When drafting the state police and staff monitoring programs at the state level. plans, a significant part of the budget should be allocated to local police stations and community 4.5 Support the drafting of the legal and policy police services to ensure that first–line police can framework better engage with communities and respond to their requests. Strong community relationships The delayed Federal Constitution review process has will help build legitimacy and accountability and hampered the drafting of other legislation, including enhance their intelligence capacity within limited police bills. However, the drafting of such laws shall resources. Intelligence-led policing will contribute commence as early as possible to complete the to better decision-making. Intelligence-led policing legal framework for the police institutions at both plays a key role in regard to criminal information federal and state levels. Other policy guidance and sharing, analyzing and coordination of operations regulations shall also be considered and discussed among all levels of police services throughout as a way forward in TCs and JTC. The UNSOM the country. Above all, the community-oriented Police component is currently preparing itself to and intelligence-led policing may help the Somali assist in the drafting of police bills and subordinate authorities in reducing crime in the long term, regulations. while also promoting effectiveness, efficiency and accountability.

11 A leadership course at the Kofi Annan International Peacekeeping Centre in Ghana, to be followed by study tours to three federal countries providing Somali police leaders a better understanding of policing models in federated systems, has been postponed for several time due to the lack of nominations of federal police candidates. Considering that able and transformational police leaders hold the key to successful reform, the course shall not be further delayed. 34 Towards a Federated Police System in Somalia

Annex A: New Policing Model Agreement

Loram ispum dolor sit amet, condecteur ad- Loram ispum dolor sit amet, condecteur ad- New Policingipiscing edit. Aenean Model eros ut cursus for cursus. theipiscing Somaliedit. Aenean eros ut Police cursus cursus. In rhoncus, lacus id rutrum gravida, nibh In rhoncus, lacus id rutrum gravida, nibh accumsan lectus, in rutrum massa urna val accumsan lectus, in rutrum massa urna val tellus. Mauris in eros nec risus fermentum tellus. Mauris in eros nec risus fermentum omare ultricles sed libero. Vivamus mollis omare ultricles sed libero. Vivamus mollis imperdiet augue. Loram ispum dolor sit imperdiet augue. Loram ispum dolor sit amet, condecteur adipiscing edit. Aenean amet, condecteur adipiscing edit. Aenean eros ut cursus cursus. In rhoncus, lacus id eros ut cursus cursus. In rhoncus, lacus id rutrum gravida, nibh accumsan lectus, in rutrum gravida, nibh accumsan lectus, in rutrum massa. Loram isp rutrum massa. Loram ispum dolor sit amet, condecteur adipiscing edit. Loram ispum dolor sit amet, condecteur Loram ispum dolor sit amet, condecteur adipiscing edit. Aenean eros ut cursus adipiscing edit. Aenean eros ut cursus cursus. In rhoncus, lacus id rutrum gravida, cursus. In rhoncus, lacus id rutrum gravida, nibh accumsan lectus, in rutrum massa June 24, 2016 nibh accumsan lectus, in rutrum massa urna val tellus. Mauris in eros nec risus urna val tellus. Mauris in eros nec risus fermentum. fermentum. Baidoa, SomaliaLoram ispum dolor sit amet, condecteur ad- ipiscing edit. Aenean eros ut cursus cursus. In rhoncus, lacus id Towards a Federated Police System in Somalia 35

Preamble

• We are presenting here the most appropriate guidelines/procedures for establishing police authority, both at Federal level and Federal Member State level.

• While this initial work is being undertaken, the communication between the leadership of the federal-level police and the leaderships at state level police should be constant. Such a communication and contact, if maintained, could lead to a common understanding and a unified opinion; so that to achieve a police authority that can contend with the current transitional situations.

• Let’s remind ourselves about the history of the 72-years old (Somali) Police Force which dates back to 1943, the year when the Somali Police Force was established. The Somali Police Force went through various ages, and has worked with many (successive) governments, and the basis of its activities have always been to maintain the law and order, enforce justice, protect revenues, restore law and order, prevent misconduct and keep the public safety and security.

• Through those different stages, the aim of the Police has always been to serve the Somali people and create a secure environment for all. The Police has always been safeguarding the principle of fairness and a knowledge-based manner of carrying out its tasks. 36 Towards a Federated Police System in Somalia

Article 1 • To enforce laws, general and special regulations, The Two Levels of the Police ordinances of the public authorities. and provisions relating to economical and political • The Somali Police is divided into: interests of the State. 1. Federal level Police. • (To carry out) specialized technical functions that 2. Federal Member State level Police require enormous funding.

Duties of the State-level Police Article 2 Political administration (of the Police) • To maintain the public order and security, protect life, individual safety and property of • The Federal Police shall be under the control citizens and the free exercise of individual rights of the Internal Security Minister of the Federal given by law, without prejudice to the security Government. (of the State). • The State Police shall be under the control of • To engage in the fight against terrorism and their respective Ministers of Security. piracy. • To participate in securing the borders/territories. Article 3 • To preserve the law and order. Appointment of Police Commissioners • To prevent and investigate crimes, and to apprehend criminals whose apprehension order • The appointment of the Federal Police was particularly directed to the State-level Commissioner shall be proposed by the Internal Police. Security Minister, endorsed by the (federal) • To prevent disorders that may erupt around the Cabinet Ministers, and then. approved/signed perimeter of a “given” State. by the President of the Federal Government. • To carry out any other guard and security duties The appointment shall then be published in the for which the law requires Police action. Official Bulletin of the Republic. • To provide assistance and relief in case of • The appointment of the Police Commissioners of public and private disaster, and to establish civil the Federal Member States shall be proposed by defense institutions around its jurisdiction. their respective Ministers of Security, endorsed by their respective Councils of Ministers, and Duties of the Federal Police shall be issued through (their respective) State Presidential decrees. • To defend the State institutions. • Fight/tackle organized crimes, and crimes against Article 4 the Sovereignty, the Religion, Culture and the Legal Framework Economy. • Migration, Passports and Naturalization. • The Bill under which the Police is established • Extend support to the State-level Police. shall be issued by the two Houses of the • To prevent and address inter-state territorial Parliament and they shall not conflict each other. conflicts. • The Federal Police Bill shall be passed through • International relations such as with Interpol. the Federal Parliament. • To prepare and implement a unified professional • The Bill of the Police at the State-level (sub training curriculum. federal) shall be passed through their respective • To protect foreign embassies/missions, States Legislative Assemblies. corporates and international organizations. Towards a Federated Police System in Somalia 37

Article 5 Budget of the Police Article 8 The two levels of the Darwish Police • The Budget of the Federal Police shall be funded by the Federal Government. The Somali Darwish Police is divided into: • The Budgets of the Federal Member States 1. Federal Darwish Police. Police shall be funded by their respective Federal 2. State Darwish Police. Member States. • The Foreign Aid from the International Duties of the Federal Darwish Police are: Community to the Police shall be shared in a fair • Protecting the national borders. and balanced manner. • Protecting the important facilities of the Government, and protecting the leadership of Article 6 the country. Recruitment and Training of Members of the • Resolve conflicts and confrontations between Police Service federal member states. • The number of Police Personnel required at • To provide assistance and relief in case of State-level, shall be subject to the respective national and private disaster. state’s political determination. • They become part of the national defense force • Members of the police at state-level shall if and when the country enters into a state of be vetted or recruited by their respective war and its territories become under attack. commands of police. • Duties of the Darwish Police of the federal • The Federal Member States Police are not part of member states are: the Armed Forces of the Republic. • To fight terrorism within their respective • A unified training curriculum shall be prepared/ territories. adopted and the federal member states shall be • To deal with and to tackle armed insurgency in required to implement it. their respective territories. • There shall be a unified uniform and operating • To implement the training curriculum (which procedures but with different emblems should be implemented) by the newly recruited • Training academies, both at federal and sub members of the sub-federal police forces. federal levels shall be established. • Duties of the State-level Birmadka (Riot Unit) • To control riots within the territories of their Article 7 respective federal member states. The Security of the regions that have not yet • To protect the facilities and the leaders of their established a federal state respective federal member states. • To provide honor guards for grand ceremonial • The Federal Police Commissioner shall remain functions of the people within their respective responsible for the police-related matters of federal member states. the regions that have not yet formed their own federal member states until such regions form Article 9 their federal member state(s), and in the case of Crime Investigations Mogadishu, until its status is clarified. • The CID is the lead agency in crime investigations at federal level. 38 Towards a Federated Police System in Somalia

Cases investigated by the CID include: Article 10 1. Mass murder or massacre. Diplomatic and Federal Institutions Police Unit 2. Explosions that cause major destruction. Its general duties include: 3. Booliqaran (Looted wealth of the State). 4. Cross-border, large scale smuggling of drugs. • Providing security for the foreign embassies. 5. Production, exchange and use of counterfeit • Providing security for the international money. organizations. 6. (Forging) the State stamps and postage stamps. • Providing security for the Federal Government 7. Manufacture, trading, and possession of arms Institutions. and explosives. • Providing Security for the foreign firms (in the 8. Cases of maritime dumping of toxic waste. country). 9. Fake travel papers, illegal human trafficking and • Escort the National Leadership and (foreign) illegal immigration. Diplomats. 10. Endangering, devastating and undermining the agricultural (sector), industries and other sectors Article 11 that are the backbone of the country’s economy. Customs Unit 11. Cross-border robberies. Duties of the Customs Police Unit 12. Issuing a fake paper or altering an original one. 13. Weakening the food and medicine quality and This unit falls under the Customs Authority and counterfeiting them. in general, it has equal obligations with the 14. Cross-border crimes. Federal Police Force, however, this unit has special 15. Crimes against foreign diplomats (in the obligations to carry out the following tasks: country). In such cases, the CID and the Crime 1. Prevent, investigate and suppress violations of Investigation Units in the federal member states financial and economic laws of the State. shall collaborate. 2. Observe a nd give advice on activities related to 16. Crimes against the sovereignty of Somalia , the customs activities and the economy of the Article 184 – 236 of the Somali Penal Code – country. such as espionage etc. 3. Advise on procedures and methods on investigating financial crimes. • (Each) Federal Member State shall have a Crime 4. Provide security for the coastlines and inside the Investigation Unit which shall be at sub-federal seaports. level and shall carry out the investigation 5. Investigate and give report about the direct and activities of its respective state police. indirect revenues. • There shall be amendments to be made to the 6. Organize, keep and improve the state of the Somali Penal Code. Such amendments shall archived files of the business entities/people. separate/describe the crimes that are to be 7. Countering and destroying contraband goods. investigated by the federal CID and the crimes to 8. Administer, liaison and coordinate the police be investigated by the sub-federal Investigation activities in regard to revenues and fiscal issues. Units. 9. Observe and monitor the points of entry, both offshore and interior, for contraband cargo. 10. The activities of contraband dealers or suspected Towards a Federated Police System in Somalia 39

contraband dealers must always be identified • In addition to the national emblem, the state and monitored. Police shall wear the distinctive emblem of their 11. To monitor the storage and price (in the local respective federal states. markets) of the goods imported through a Letter of Credit, especially the essential commodities Article 13 etc. Cooperation and coordination between the federal 12. To participate in (activities of) ensuring security and state Police when so needed. In such cases, (the assigned members of this) Unit shall be commanded by • The National Minister of Internal Security and the respective Regular Police components (in the the ministers of security of the federal member area of operation). states shall meet once in every 3 months. 13. Maintain, take care of, and observe the vehicles, • The Commissioner of the Federal Police Force accommodation, arms and other materials of and the commissioners of police of the federal facilitating the Police activities, and of their member states shall meet once in every 2 welfare. months. 14. Administer, train, patronize and orient the Force. • The Technical Committee shall meet once in 15. Liaise and collaborate with the Police and other every month, and each of their meetings shall State institutions. take three consecutive days. 16. Loading and unloading of commodities through • There shall also be morning briefing session / points other than (designated) seaports are information sharing on daily basis prohibited. • The venues of the periodic meetings shall rotate. 17. Vessels cannot stop/anchor at a point other than the (designated) dock. Article 14 18. Control, check and review the goods after the Oversight of Police Service necessary taxes were cleared, in order to check the paid tax against the quantities and type of • The Ministry of Internal Security and the the commodities. Parliamentary Security Committee of the Federal 19. Keep watch on the vessels docked at the seaport Parliament shall oversee the Federal Police so that no commodities beyond the knowledge Force. of the Ports Authority is unloaded, and no • The sub federal ministries of security and their unauthorized commodities are loaded. parliamentary security committees shall oversee their respective sub federal police forces. Article 12 Emblem of the federal and state police Article 15 General principles • The current functioning Police Force has a distinctive emblem that distinguishes it from the • For anything not provided for in this cooperation other National Forces. Agreement, the previous Police Acts shall apply. • The emblem shall be divided into federal and sub • The legal experts who prepared this document federal levels. shall be consulted over any matter that requires • The current emblem of the current Somali Police legal advice. Force is recognized as the national emblem. 40 Towards a Federated Police System in Somalia

Annex B: London Security Pact (Excerpt)

Paragraph 4:

This pact was agreed at the London Somalia All partners endorse Somalia’s existing National Conference on 11 May 2017. It sets out an agreed Security Policy (NSP) adopted in June 2016. The vision of Somali-led security institutions and NSP sets the framework for security institutions forces that are affordable, acceptable, accountable and decision making in Somalia. All partners also and provide the security and protection that the endorse the New Policing Model and urge Somalia’s people of Somalia deserve and need. It complies leaders to expedite agreement on a federal model with international humanitarian and human rights for the justice sector. standards as part of a comprehensive approach to security. The New Policing Model sets out the framework for how policing will be governed and delivered in Somalia, with a division of responsibilities between the federal level and the states. Towards a Federated Police System in Somalia 41

Annex C: Coordination Charts

Overarching Internal Security Management Structure (FGS MoIS)

Ministry of Internal Security (MOIS) NSC COM To deliver (FGS & Council of Ministers of ISS, NSARCH, CAS FMS) Internal Security (CMIS) Strand 2 (B) IC & ORA Chaired by FGS Minister of IS Office of PM CAS STRAND 2 (B) IC Council of Police Commissioners STRAND 2B NSO (CPOC) COORDINATOR NSARCH Implementation Committee

SPF Planning NMCC Defector and Joint Police NISA TC IMMIGRATION WAM/SEM Maritime Program Development TC TC A TC Security WG Group

NOTES Banadir Puntland Jubaland Galmadung Hirshebelle South West NMCC = National Maritime TC TC TC TC TC TC Cordination Committee NSArch = National Security Architecture NPM = New Policing Model ORA = Operational Readiness Assessment COM = Council of Ministers TC = Technical Committee 42 Towards a Federated Police System in Somalia

Internal Security Management Structure Police (FGS MoIS)

Ministry of Internal Security (MOIS) To deliver ISS, NSARCH, CAS Strand 2 (B) IC & ORA

CAS STRAND 2 (B) IC

STRAND 2B COORDINATOR

SPF Planning NMCC Defector and Joint Police NISA TC IMMIGRATION WAM/SEM Maritime Program Development TC TC A TC Security WG Group

NOTES Banadir Puntland Jubaland Galmadung Hirshebelle South West NMCC = National Maritime TC TC TC TC TC TC Cordination Committee NSArch = National Security Architecture NPM = New Policing Model ORA = Operational Readiness Assessment COM = Council of Ministers TC = Technical Committee

Coordination Mechanism between Development and Security Bodies

Somali Partnership Forum Chair Prime Minister Frequency: Bi-annual Mandate: Provide forum for inclusive, strategic political dialogue between the Government of Somalia and internantional partners at the highest level.

CAS Executive Group National Security SDRF Steering Committee Chair: Prime Minister Council Chair: Deputy Prime Minister Mandate: Provide oversight and guidance on Mandate: Strategic oversight and Sharing of information and implementation of CAS, guidance of NDP coordination between boards NSArch and Security Pact Composition: FGS Representative (PM) + SRSG + SRCC & partners supporting activities in Strands. FGS representative should incude Mins. of National Development Council Finance & Human Rights (Internal FGS body to ensure coherence Advisory Function FOR SDRF SC)

SDRF Secretariat: Secretariat: & Logistics Aid FGS/CAS Coordination Unit

1. Inclusive Politics 2. Rule of Law 3. Effective, Efficient Institutions Strand 1: AMISOM 4. Economic Growth Strand 2A: Defense 5. Social & Human Development Strand 2B: Internal Security 6. Infrastructure Strand 2C: Justice 7. Resilience MoPIED NDP Programme Coordiantor from Strand 3: Stabilization / CRESTA 8. Human Rights & Gender relevant pillar groups to join strand groups Strand 4: C/PVE 9. Stabilisation / CRESTA together with other relevant colleagues to ensure coherence between pillar groups and strands

Pillar Working Groups (Report to CAS Strands All Reports to CAS SDRF Steering Committee) Exec Group